Hyderabad: Under public criticism for not arresting Jana Sena MP Lingamaneni Ramesh’s son for allegedly crushing a young woman to death under his luxury car, Cyberabad Police on Friday said that it is incorrect and unwarranted to allege that the police refrained from arresting the accused under any extraneous influence.
The decision not to arrest was based on the legal requirements governing arrest, the circumstances of the case, and the material available during the investigation at that stage, the police said in a statement.
Cyberabad Police on Thursday revealed that they booked Lingamaneni Sanjush (21) for causing the death of a young woman in an accident while driving a car allegedly in a rash and negligent manner four days ago.
Bharathi Mukhi (26), a sales executive at a Lifestyle store in Inorbit Mall in the IT corridor of Madhapur, Hyderabad, was killed after being run over by an Aston Martin car while crossing the road opposite the mall on August 16.
A case under Section 106(1) of the Bharatiya Nyaya Sanhita was registered at Madhapur Police Station, and the case is presently under investigation, said Deputy Commissioner of Police (DCP) Ritiraj.
Immediately after the registration of the case, the driver of the offending vehicle was apprehended and subjected to preliminary tests for alcohol and drugs. The results of the tests were negative. His blood samples were thereafter collected and forwarded to the Forensic Science Laboratory for scientific examination.
The vehicle was seized and sent for Motor Vehicle Inspector (MVI) inspection. The MVI report is awaited and will form part of the investigation, the DCP said.
“Having regard to the facts and circumstances then available, the appropriate penal provision, namely Section 106(1) BNS, carrying a maximum punishment of five years, was invoked. Since the alleged offence is punishable with imprisonment of less than seven years, the Investigating Police Officer was required to consider the necessity of arrest in accordance with Section 35 of the BNSS and the principles laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar,” explained the officer.
“On an objective assessment of the material then available, no circumstances warranting the arrest of the accused were found to exist. Consequently, notice under Section 35 BNSS was issued to the accused, requiring his appearance and cooperation with the investigation,” the officer said.
She stated that the course adopted by the Investigating Officer was in accordance with the statutory mandate and the law laid down by the Supreme Court regarding arrest in offences punishable with imprisonment up to seven years.
The investigation is still in progress. The MVI report and other relevant evidence will be collected and examined, and further action, including the necessity of arrest if warranted by the material subsequently collected, will be taken strictly in accordance with law, the DCP added.
(IANS)
